USCIS Fee Increase Rule Halted in its Entirety by U.S. Federal Court

Updated: Oct 1, 2020

On September 29, 2020, a U.S. Federal Court issued a preliminary injunction preventing USCIS and DHS from implementing or enforcing the Final Fee Rule that was set to take effect on October 2, 2020.

On August 3, 2020, USCIS published a final rule that significantly increases certain immigration and naturalization benefit request fees. The rule was set to be effective on October 2, 2020. However, on September 25, 2020, a California Federal Court heard arguments against the new fee rules by non-profit organizations advocating for immigrant rights. On September 29, 2020, as an emergency measure, the Court ruled in favor of the organizations’ argument and ordered to stay the implementation and the effective date of the new fees in its entirety pending final adjudication of the matter. While this case is just in the first stages of trial, the Court found the potential harm caused by the new fee rule could be so great that it warranted a grant of a preliminary injunction to the fee rule in its entirety.

In other words, the Court ruled, at least temporarily, that DHS, USCIS, and all persons acting under their direction, ARE PROHIBITED from implementing or enforcing the Final Rule or any portion thereof. This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of the Court.

Read USCIS initial response to the Court Ordered preliminary injunction here. This is a developing news story and USCIS has not yet updated their guidance on their website regarding how to proceed with fees on new applications submitted on or after October 2, 2020. This is an evolving fluid matter that I am monitoring.

Download the Court Order below. The information here is for informational purposes only and not to be used as legal advice. Please discuss any specific questions about your individual case with an attorney.

Speak to an attorney if you need help with the details of your particular immigration matter. Contact us to make an appointment with and speak to an attorney for specialized guidance on your immigration matter.

Fee Order
Download PDF • 178KB

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